If you believe that you should have received an inheritance from the estate of someone close to you or someone who was supporting you before their death, you may be able to make an Inheritance Act 1975 claim.
The Inheritance (Provision for Family and Dependants) Act 1975 (the Act) provides that certain individuals may be entitled to reasonable financial provision from the estate of someone to whom they were related, in a relationship with or supported by.
We take a look at who can make a claim and what the courts will take into account when dealing with an Inheritance Act case.
What is the Inheritance Act?
The Inheritance (Provision for Family and Dependants) Act 1975 allows individuals who might have expected to receive something from an estate to make a legal claim if they have been left out of the Will, if they have been left less than they feel they need or if the deceased did not leave a Will and they have not received anything.
Most of those entitled to make a claim will only be entitled to ‘reasonable financial provision’, although a spouse or civil partner may be entitled to more.
What is a Reasonable Financial Provision?
Reasonable financial provision refers to the financial support that, under the given circumstances of the case, it would be fair and justifiable for the applicant to receive to meet their maintenance needs. This will take into account housing needs and daily living expenses as well as issues such as the claimant’s financial circumstances and the standard of living they enjoyed before the death.
A spouse or civil partner may receive a larger sum than simply a reasonable financial provision, more in line with what they could have achieved in a divorce.
Who can Claim Under The Inheritance Act 1975?
Those who may be able to claim under the Inheritance Act include:
- A spouse or civil partner of the deceased
- A former spouse or civil partner, provided they have not remarried
- Children, adopted children and stepchildren
- A cohabiting partner who lived with the deceased for two years before their death
- Someone who was maintained financially by the deceased
What Factors Will the Court Consider When Deciding Claims Under The Inheritance Act 1975?
The court will take a range of factors into account, including the following:
- The value of the estate
- The relationship between the deceased and the claimant, including its length
- The claimant’s needs and the resources they have available to them
- What obligations does the deceased have towards the claimant
- Whether the claimant has any disabilities
- The financial needs of the other beneficiaries and the resources available to them
- Any other relevant points
The Importance of Early Legal Advice
There is limited time in which to start an Inheritance Act claim, so if you believe that you may have a valid case, you should speak to an Inheritance Act claims solicitor as soon as possible.
Involving a solicitor at an early stage can also give you a better chance of resolving matters out of court. If you ask us to represent you, we will give you an honest appraisal of your case and discuss the next steps to be taken.
We will contact the estate’s executors or administrators and advise them of your claim. They may decide to settle this without the need for litigation, as this is often the quickest and most cost-effective option.
We will negotiate on your behalf to secure a settlement of your claim out of court wherever possible. If necessary, we can guide you through the mediation process.
Contact Our Inheritance Act Claims Solicitors
Our Inheritance Act solicitors represent individuals in making claims against estates as well as defending an Inheritance Act claim on behalf of executors and administrators. We have extensive experience in dealing with inheritance claims and can give you a sound assessment of your case. We will make sure that you understand how to make an Inheritance Act claim and the steps that we will go through on your behalf.
If you would like to speak to one of our expert Inheritance Act lawyers, email us at info@witansolicitors.co.uk or fill in our contact form and we will talk through your situation with you and discuss how we can help.
FAQ
Is there a time limit for an Inheritance Act claim?
There is a time limit of six months from the date on which a Grant of Probate or Grant of Letters of Administration was issued in which to start an Inheritance Act claim. In some cases, it may be possible to ask the court for an extension, so even if six months have passed, we suggest that you still contact us to discuss making a claim.
Am I entitled to make an Inheritance Act claim?
If you were supported financially by the deceased before their death or you are a spouse, partner or former partner, you are the deceased’s child or the deceased treated you as a child of their family, you may be able to make a successful claim if you have not been left reasonable financial support in their Will.
Can I settle an Inheritance Act claim out of court?
Inheritance Act claims are often settled out of court. This will allow the executors or administrators to finalise the winding up of the deceased’s affairs, which they will generally prefer to protracted court proceedings.
If your case cannot be settled without litigation, we can advise you of the Inheritance Act claim procedure and follow these guidelines in taking your case to court.
